Title 21, Cities

(1) When entering a judgment in an action for a violation or a misdemeanor, a municipal court shall, by including a notification in the judgment document or by another effective manner, notify the defendant that the defendant may request the name and contact information of the go…

As used in ORS 221.369 to 221.407, “matter” means: (1) On appeal from a judgment of conviction and sentence, the entire case; or (2) On appeal from a pretrial order or order entered after trial, or an amended or corrected judgment, the order or judgment from which the appeal is t…

(1) If a municipal court has become a court of record under ORS 221.342: (a) An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057. (b) An appeal in a proceeding involving a misdemeanor shall be taken to the Court of App…

(1) Except as provided in subsection (2) of this section, a notice of appeal must be filed and served within 30 days of the date of entry in the municipal court docket of the judgment or order being appealed. (2) If a motion for a new trial or motion in arrest of judgment is time…

(1) The notice of appeal must contain: (a) The title of the cause in the municipal court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged. (b) The name of each party and the party’s attorney…

(1) The appellant shall: (a) File written notice of appeal with the municipal court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and (b) Serve a copy of the notice of appeal on th…

(1)(a) On appeal from a municipal court to the circuit court in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 when filing a notice of appeal or other first appearance in the appellate proceeding. …

(1) The circuit court has jurisdiction to exercise judicial authority in the matter upon the filing of the notice of appeal. (2) Timely filing of the notice of appeal and timely service on the adverse party is jurisdictional, and except as otherwise provided in this section, neit…

(1) The municipal court shall submit the case record described in ORS 221.352 to the circuit court immediately and no later than 30 days after the date the notice of appeal was filed, or 10 days if the defendant is in custody. (2) The circuit court by order may extend the time fo…

(1)(a) The circuit court may dismiss an appeal that is not properly taken or perfected, including the failure to include a claim in the notice of appeal if required by ORS 221.371 (1)(i), except that the circuit court may not dismiss an appeal because the municipal court has fail…

(1) The circuit court shall render a judgment as defined in ORS 18.005 conclusively disposing of the appeal. (2) Except as otherwise provided in ORS 221.369 to 221.407: (a) If the circuit court determines that any of the terms of the municipal court judgment should be reversed or…

The right of a party in a municipal court to appeal under ORS 221.369 to 221.407 may not be construed to prevent any party from seeking review in the circuit court under ORS 34.010 to 34.100 for errors in law appearing on the face of the judgment entered by the municipal court or…

(1) Except as provided in subsection (6) of this section, in a proceeding involving a violation or misdemeanor, a defendant may appeal from: (a) A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed. (b) A jud…

(1)(a) The state or a city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by state law, in which event the appeal is in the name of the state. (b) The city may appeal as provided in subsection (2) of this sect…

Except as provided in ORS 221.405: (1) On appeal of a matter in a case charging a violation or misdemeanor, the circuit court shall try the matter pursuant to the statutes that prescribe the procedure for trial of violations or misdemeanors, respectively, in the circuit court, ex…

On appeal by the defendant or the prosecution of an order or judgment other than the judgment of conviction and sentence, except as otherwise specified by law, the circuit court may review only the order or judgment from which the appeal is taken and any issue necessary to decide…

(1) On appeal by a defendant of any conviction based on a plea of guilty or no contest, the circuit court shall treat the plea as though it was entered in and accepted by the circuit court. If the defendant has included a claim of legal error in the notice of appeal as required b…

(1) On appeal by the defendant of a judgment under ORS 221.389 (1)(a) or (d) involving a misdemeanor, after the circuit court has decided the appeal, and notwithstanding whether the circuit court affirms, reverses or modifies any term of the municipal court judgment, the circuit …

(1) A defendant filing notice of appeal from a judgment of conviction and sentence of a misdemeanor described in this subsection does not stay enforcement of the judgment unless the defendant: (a) If sentenced to confinement, executes a release agreement or makes a security relea…

(1) Whenever a defendant is charged with violating a provision of a city charter or ordinance and the defendant challenges the validity of the charter or ordinance provision, a municipal judge shall determine such issue and enter an order thereon before deciding the case on its m…

(1)(a) The state or a city may appeal an order or judgment of the circuit court to the Court of Appeals: (A) In a proceeding involving a violation, as provided in ORS 138.057. (B) In a proceeding involving a misdemeanor, as provided in ORS 138.010 to 138.310. (b) In any case in w…

(1) Except as limited by express provision or necessary implication of general law, a city may take all action necessary or convenient for the government of its local affairs. (2)(a) A city may not, unless authorized to do so by its electors, contract a voluntary floating indebte…

Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS 221.420, 221.450 and 261.305 and this section to reaffirm the authority of cities to regulate use of municipally owned rights …

(1) As used in this section: (a) “Public utility” has the meaning for that term provided in ORS 757.005. (b) “Commission” means the Public Utility Commission of Oregon. (c) “Council” means the common council, city council, commission or any other governing body of any municipalit…

Except as provided in ORS 221.655, the city council or other governing body of every incorporated city may levy and collect a privilege tax from Oregon Community Power and from every electric cooperative, people’s utility district, privately owned public utility, telecommunicatio…

All franchises, privileges or permits for the use of the public highways, streets or alleys granted after June 5, 1931, by any municipal corporation shall not be granted for a longer term than 20 years, and shall be subject to the provision of ORS 221.470.

(1) All property and materials (including poles, posts, towers, wires, conduits, mains, pipes, rails, tracks, ties, railways, pole lines, telegraph, telephone or electric transmission lines, or structures or equipment of any kind) placed in, on, upon, over, under or beneath any p…

Nothing contained in any public facility or comprehensive plan of any city shall confer any right on a city to provide electric utility service in or to the annexed territory. [1987 c.737 §8] Note: 221.475 was enacted into law by the Legislative Assembly but was not added to or m…

The Legislative Assembly finds and declares that privately owned taxicabs, limousines and other vehicles for hire are a vital part of the transportation system within this state and provide necessary services in response to the needs of state residents, tourists and business repr…

Cities and counties in this state are authorized to grant franchises, to license, control and regulate privately owned taxicabs, limousines and other vehicles for hire that operate within their respective jurisdictions. The power to regulate granted under this section includes, b…

The Legislative Assembly recognizes that significant changes have occurred in the regulation, technology and marketing of telecommunications carriers as defined in ORS 133.721 over the past decade. It is the intent of the Legislative Assembly in adopting the privilege tax authori…

(1) As used in this section: (a) “Telecommunications carrier” has the meaning given that term in ORS 133.721. (b) “Commission” means the Public Utility Commission of Oregon. (c) “Council” means the common council, city council, commission or any other governing body of any munici…

(1) The council of every municipality in this state may levy and collect from every telecommunications carrier operating within the municipality and actually using the streets, alleys or highways, or all of them, in such municipality for other than travel, a privilege tax for the…

Any city not liable for any debt or other obligation, may surrender its charter, disincorporate and cease to exist if a majority of the electors of the city authorize the surrender and disincorporation as provided in ORS 221.621 and 221.650. The surrender and disincorporation sha…

(1) This section establishes the procedure for determining whether a city shall disincorporate. The question shall be decided by election. The governing body of the city shall call an election when a petition is filed as provided in this section. (2) The requirements for preparin…

Within 30 days after the authorization of the surrender of the charter, the city shall convey, grant, assign and deliver all its property real and personal, and property rights, by proper conveyance, to the county in which the city is located for the benefit and use of the county…

(1) The city council or governing body of an incorporated city may levy and collect from a distribution utility providing direct access to electricity services under ORS 757.601 (1) or 757.676, except a municipal electric utility, operating for a period of 30 days within the city…

(1) For the purpose of the administration of all laws relating to incorporated cities, other than ORS 221.090, every city shall be deemed to have its legal situs in the county in which the seat of the city government is situated. (2) Notwithstanding any other provision of law the…

(1) Except as provided in ORS 221.727 and 221.729, when a city council considers it necessary or convenient to sell real property or any interest therein, the city council shall publish a notice of the proposed sale in a newspaper of general circulation in the city, and shall hol…

Notwithstanding ORS 221.725, a city council may adopt, after public notice and hearing, a procedure for the sale of individual parcels of a class of city-owned real properties, or any interest therein, under a single program established within the city for the sale of that class …

(1) As used in this section, “low income household” and “moderate income household” have the meanings given those terms in ORS 456.270. (2) Notwithstanding ORS 221.725, and in lieu of a program established under ORS 221.727, as provided in this section, a city council may sell ci…

When a city is incorporated after November 1, 1981: (1) The city and the holder of any license, certificate or franchise for collection service within the city issued by a county under ORS 459.085 prior to incorporation may mutually agree on continued service within the city. (2)…

The right of cities and towns, whether incorporated or not, to land dedicated to or otherwise acquired for the public use for streets, highways, parks or public places, shall not be extinguished by any adverse possession, however long continued. No title to such lands as against …

(1) The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall disburse such funds in the case of a city located within a county having more than 100,000 inhabitants, according to the most recent federal decennial census, only i…

(1) A share of certain revenues of this state shall be apportioned among and distributed to the cities of this state for general purposes as provided in this section. The officer responsible for distributing funds to cities under this section shall distribute the funds for a fisc…

(1) Notwithstanding ORS 221.770, 323.455, 366.785 to 366.820 and 471.810, when a proceeding challenging the validity of the incorporation of a city is commenced before a court or administrative agency of this state within two years after the incorporation, if the court or agency …

As used in ORS 221.862 to 221.872, “historic ghost town” means an incorporated city within this state that: (1) Is on land acquired under a United States patent; (2) Does not have a sufficient number of registered electors permanently residing within the city to fill all offices …

If a number of vacancies exist at the same time in the offices of members of the city council of an historic ghost town so that all the remaining members do not constitute a quorum for the conduct of city business, the governing body of the county in which the historic ghost town…

In making appointments to the city council of an historic ghost town under ORS 221.862 to 221.872, the governing body of a county shall give preference for appointment, in the following order, to: (1) A person who is an elector within the city. (2) A person who owns and maintains…

An historic ghost town shall not receive any portion of liquor revenues, highway funds or other state funds distributed to incorporated cities. [1983 c.355 §4] Note: See note under 221.862.